Should You Guaranty Performance on a Green Project? (Law note)

guarantee sealBy now, I hope you know me well enough to know that I’d never, ever say you should make a guaranty of performance, period, let alone guaranty the green performance for a new building.  However, sometimes caution has to be thrown to the wind to get the job– at least in the case of a recent GSA design-build project in Seattle.

There, the design-build team agreed that the GSA could withhold 0.5% of the original contract amount, or $330,000, pending the achievement of energy goals.  As writer Suzanne H. Harness, J.D., AIA, noted recently:

The GSA’s approach is diametrically opposed to the recommendations of the American Institute of Architects, which advises both architects and contractors not to guarantee or warrant the achievement of a sustainability goal.  The AIA’s 2011 Sustainability Guide explains the obvious:  contractors and architects can design and construct a building, but the owner operates it, and the owner’s actions are beyond the control of the design and construction team. If the owner operates the building differently from the assumptions used during design, performance goals will likely not be met, even if the building is perfectly constructed. [Emphasis added].

Ms. Harness also correctly noted that professional liability insurance would not cover such a guarantee of performance.  So beware to the design team who takes such a project on: they can be held contractually liable, but there will not be insurance to cushion the fall out from any lawsuit.

Just DON’T do it!

 

 

Why Modular Construction can help Your Jobsite Become More “Green” (guest post)

modular construction processToday, a new guest post, by the team at ModSpace, a nationwide vendor of modular buildings which offers mobile office and prefab office solutions.  [And yes, I realize that ModSpace has a vested interest in this subject, but the article is interesting nonetheless!]

As our country turns more attention to global warming and environmental awareness, more citizens, businesses, and industries are looking for ways to reduce their carbon footprint and lessen their impact on the environment.  Modular construction is becoming a vital player in a world of green industries. It’s also quickly growing in popularity among American companies and individuals.

Modular construction has revolutionized the way we approach large-scale construction projects while still minimizing environmental impact. In previous years, when conventional on-site construction methods appeared to be customers’ only option, creating large amounts of material waste and airborne contaminants was an unavoidable result of the building process.

According to the National Science and Technology Council, conventional methods of onsite construction are responsible for placing approximately 135 million tons of waste (roughly the same weight of 14,647 fully-loaded Arleigh Burkeclass US Navy Destroyers) into landfills every year. This huge amount of trash can be attributed to construction material packaging, unused or scrap building materials, and related waste.

Modular buildings, which are fabricated off-site in a protected factory setting by a team of design specialists, have the potential to reduce construction waste by up to 90%.  Modular Construction can be “greener” due to a variety of factors, including:

  1. limited use of packaging;
  2. built in protection of materials from weather damage and project vandalism;
  3. assembly-line efficiencies; and
  4. the ability to store leftover materials in the factory facility to be used either for other projects or to be recycled.

In addition to reducing environmental impact during the manufacturing process, modular construction also causes significantly less site disruption, which translates to a diminished need for heavy machinery that can emit large amounts of greenhouse gasses over the course of a construction project.

Because modular homes and businesses are built to endure the stresses of transportation from the factory to the foundation site, structures have a long service life. And as a result of simply assembling the structure in sections, if the building ever needs to be relocated or repurposed, it can be disassembled and transported with minimal hassle or cost. In that way, modular buildings become reusable and recyclable, even further reducing the impact on our environment in the future.

Due to significant advancements in green modular construction technology and engineering efficiency, the modular construction method is becoming a viable, cost-effective option for those customers seeking to build or expand while minimizing their carbon footprint.

Editor’s Note:  Do you have any questions or comments about modular construction and its potential to be more “green” than traditional construction?  Share in the comments section, below.

Best Practices for Lighting a LEED Construction Project (guest post)

Today, a guest post from the folks at Lamps.com, a retailer of lamps, LED lighting and LED outdoor lighting solutions.  They provide an interesting pro/con analysis of the three main types of light sources. 

Going “green” is one of the largest priorities among businesses today; it seems everyone is doing it. Obviously, while building an energy-efficient structure, one of your main goals should be to conserve resources, but it can also be important to consider how you are going to light the project while still sticking to the green guidelines. It can be costly and stressful to think about lighting a whole construction site at night using solar paneled lights or other energy-efficient means, but with the following few tips you can conserve energy and have a safe, well-lit workspace while still keeping to your budget:

 LED Light bulbs: All of the light bulbs that fit in typical sockets can generally be replaced with substitute light sources. LED lights are a great way to shed light on your construction project while still maintaining energy-efficient standards. LED lights come in both flood and track varieties, and are a benefit in the workplace because they do not throw off heat. That means that, no matter how late you’re burning the midnight oil, you are going to be safe from burns and fires. LEDs last close to eight times longer than CFL light bulbs and can be used in almost all light fixtures. LED bulbs also require significantly less wattage in comparison to the other types of bulbs. This makes them the most efficient and longest lasting type to use in a construction setting.

types of lights

CFL Light bulbs: CFLs are another option for people looking to save energy but still work by light. Although they are not as energy efficient as LEDs they still use fifty to eighty percent less energy than regular incandescent bulbs. Replacing just one incandescent bulb with a CFL will cut about a half ton of C02 out of the atmosphere in just 5 years; that’s a lot of air and water pollution you could be saving. These, like the LEDs can be used in almost all areas where lighting is required.

Solar Paneled Lights: With the rise of solar powered technology, solar paneled lights can be cheap to find if you look in the right place. Purchasing online is a viable option for most, but make sure you read reviews of the product before buying. Solar paneled lights do have the tendency to be dimmer than other varieties, and also can die out more quickly because of their power source being inaccessible.

Along with getting energy-efficient bulbs there are options such as replacing fixtures in your pre-existing equipment, or using energy efficient cording. However, buying new bulbs is the quickest, easiest way to quickly make sure your construction company is working with “green” equipment and conserving as much as it can.

Editor’s Note:  Be sure to check out this chart showing complete details of the three types of lights, including energy, environmental impact, and light output

Your turn:  Have you worked on a LEED or other “green” project which used alternative light sourcing?  Share in the comments section, below.

Green Construction Creates More Than a Sustainable Future – It Creates Jobs! (guest post)

usf imageToday, a guest post on green design by the folks at University Alliance, in partnership with the University of San Francisco’s higher education program. They offer an online master certificate in supply chain management, and sustainable supply chain management.

The unemployment rate in the United States is not going to magically decrease. So what can the government and investors do to help create jobs for Americans? Building more energy efficient infrastructures comes with many benefits, including an influx of jobs, energy cost savings, and a more sustainable future. Most people believe in sustaining the environment, but many feel concerned that green building construction is too expensive. Let’s look at some specific facts to analyze green solutions in a realistic way: where has “going green” worked, why has it worked, how does it actually create jobs and who is going green in American right now?

While Americans continue to wrangle over the financial efficacy of green solutions, green power has taken off in Taiwan, Korea and Hong Kong.  LEED, Leadership in Energy and Environmental Design, is a rating system for the design of green buildings. Taipei 101, the second largest building in the world which is located in Taiwan gained the LEED designation. South Korea plans to grant extensive economic stimulus to green ventures while China will construct 35 million meters of green buildings in Beijing. In answer to both the growing global pressure and the American green movement, President Obama has created a Better Buildings Initiative committed to the idea that green buildings preserve energy and create jobs.

Countries that succeed in creating green buildings have chosen to make the investment. While investing in efficient energy use promotes both job growth and environmental stability, investment options need to be clearer. Solar heating, harvesting of rainwater and natural lighting are just a few practical ideas which can create great savings for each of us.

Change is naturally difficult in a poor economy. Unemployment has doggedly stuck to the 9 percent level. That forces the question: will green buildings truly create jobs or not? Job growth partly depends on the sectors of the economy that create jobs at a medium to high percentage rate.  For instance, the energy sector and the manufacturing sector create jobs at a much lower rate than do the construction sector and the government sector. This means that when we invest in the construction of green buildings or in green renovation, we are putting our resources into a sector which creates a high level of jobs on average. Green building projects do promote reliable job growth.

Many green building initiatives are on the rise in America.  Siemens has announced four hundred positions in green technology across thirty-nine states. In Baltimore, one of the largest roof-mounted solar installations will soon be built.  Projects like these create work, foster innovative thinking and control energy costs for both companies and the government. But above all, they give other companies a viable path to follow. Additionally, the president’s Better Building Initiative will give a tax credit of as much as $1.80 per square foot for buildings that fully utilize green solutions.

So much depends on how we perceive green energy. Is this a standard we want for all buildings or is it a standard that only the wealthiest can achieve? Though U.S. companies are leading the way in green technology including smart lighting, energy management, and efficient heating, we have yet to realize our complete potential in the construction of green buildings. At this time, understanding the jobs that can truly be created through green power could create both amazing and sustained change.

What do you think? Do you believe that green buildings and green renovation can help kick start the U.S. economy?  Share your thoughts in the comments section, below.

Sleep, perchance to get LEED credit? (Tue Tip)

dog sleeping on the job

Sleep.  A subject dear to my heart.  I currently have a coffee mug at work that says: “Eat. Sleep. Read.”  Seriously; that’s what it says.  (h/t to Malaprop’s Bookstore in Asheville for the mug).  What does sleep have to do with the subject of construction law besides, that is, the potential of any legalese to cure insomnia?  LEED-sanctioned nap rooms.

What is that you say? Never heard of such a thing?  Well, now you have.  There is a move afoot to get the USGBC to give LEED credit (that is, green design credit) for buildings that utilize nap rooms.  According to Rob Freeman of green-buildings.com, such nap-specific spaces might qualify in future LEED rating systems based on the proven benefits of napping on employee productivity.

I knew there was as reason I loved my naps….. productivity, of course!

Seriously, do you think a “nap room credit” should become part of a future LEED rating system?  What about the issue raised by a commenter to the article, that the use of the room might change over time, negating the positive impacts?  Share your thoughts below. 

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Photo:  Sleeping on the Job by SEO via Flickr/Creative Commons license.